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The UKs withdrawal from the EU

REACH

With a view to the UK withdrawal from the EU, does my UK-based company still need to submit a registration dossier to ECHA for any substance I import or manufacture?

After the date of the withdrawal of the UK, the UK will no longer be an EU Member State. However, your registration obligations will continue until the end of the transition period. After the withdrawal date you should also follow the legislative development in the UK with regard to domestic registration obligations.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1415

Version: 1.3

My UK-based company has successfully registered a substance, and ECHA has provided my company with a registration number. How will the UK withdrawal from the EU affect my registration?

Even though the UK will not be a Member State after the withdrawal date, the consequences for registrations will take effect only after the end of the transition period.

After the end of the transition period, any UK-based registrant can no longer be a registrant. For the purpose of the EU’s REACH Regulation, any registration by such a registrant will therefore be regarded as non-existent.

Consequently, your EU /EEA customers will need to register the respective substance themselves. Alternatively, in order to continue supplying your EU-based customers on the basis of your own registration

as a manufacturer or formulator, you may appoint an Only Representative within the EU/EEA or transfer your manufacturing activity to the EU/EEA (please see Q&A 1538);

as a UK-based importer from a non-EU/EEA country, you may transfer your importing activity to a company established in the EU/EEA (please see Q&A 1539);

in case your company has registered as an Only Representative, the non-EU/EEA manufacturer may appoint an EU/EEA based Only Representative in place of your company (please refer to Q&A 1417).

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1416

Version: 1.3

My UK-based company is currently acting as an Only Representative of a non-EU company. Once the United Kingdom leaves the European Union, how will that affect our status of Only Representative?

Even though the UK will not be a Member State after the withdrawal date, the consequences for Only Representatives will take effect only after the end of the transition period.

According to Article 8 of REACH, Only Representatives shall be legally established within the EU. After the end of the transition period, this will mean the territory of the EU/EEA. The company having appointed you as Only Representative will need to appoint an Only Representative based in one of the EU Member States or the three EEA countries.

This change of Only Representative must take place before the transition period expires. It must be notified to ECHA (through the ‘Legal entity change functionality’ in REACH-IT) without undue delay, and you will be required to provide proof of the new Only Representative’s appointment from the non-EU company.

Please note that the legal entity change fee will be charged per non-EU company represented (i.e. per REACH-IT account).

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1417

Version: 1.2

My UK-based company has paid the requisite fee to ECHA for the registration of our substance whilst the United Kingdom still applies REACH Regulation during the transition period. Will ECHA charge the payment of a fee for a legal entity change in the case that our company transfers our REACH registrations or the Only Representative status to an Only Representative based in the EU?

Under the provisions of the REACH Fee Regulation, our Agency will indeed charge the foreseen fee. The circumstance of the UK withdrawal from the EU does not provide a legal basis for waiving the charge of fees.

Modified Date: 17/04/2020

ID: 1418

Version: 1.0

My UK-based company has registered a substance with ECHA. Will we still need to update our dossier after the UK withdrawal?

You will need to keep your dossier updated until the end of the transition period. After the end of the transition period, EU legislation will no longer apply to the UK, and you will no longer be subject to the obligation of updating your dossier without undue delay.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1419

Version: 1.1

My UK-based company does not hold and is not covered by a REACH Authorisation for an Annex XIV substance and the Latest Application Date is approaching. With a view to the UK withdrawal and the end of the transition period from the EU, do we need to apply?

Companies using the substance in the UK would need to hold or be covered by an Authorisation between the sunset date and the end of the transition period. Whenever the sunset dates of respective Annex XIV substances fall after the end of the transition period, you will not have to apply for a REACH Authorisation to use any such substance.

Note, however, that if an applicant has submitted its application prior to the Latest Application Date, they benefit from transitional arrangements (please see the Q&A 572, “why I should submit the application before the Latest Application Date” on ECHA’s other Q&A webpages).

For UK companies placing an Annex XIV substance on the EU/EEA market after the end of the transition period, please see the Q&A 1428 on downstream users located in the EU/EEA relying on an Authorisation granted to a UK supplier, on these webpages.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1420

Version: 1.1

My UK-based company holds or is covered by a REACH Authorisation for certain uses of an Annex XIV substance. After the UK withdrawal, will my company still need to adhere to the conditions of use determined by this decision?

You will need to adhere to the conditions of the authorisation until the end of the transition period. After the end of the transition period EU legislation will no longer apply to the UK, and you will no longer be subject to this obligation. Even before that date, we advise you to follow the legislative development in the UK with regard to domestic authorisation obligations, as you will need to adhere to applicable UK law in this respect. For REACH Authorisations covering a UK-based company’s downstream users located in the EU/EEA, please see the respective Q&A on these webpages.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1421

Version: 1.2

My UK-based company is a downstream user within the UK of a substance covered by a REACH Authorisation in accordance with Article 56 (2) of the REACH Regulation. Will we need to continue to comply with the obligations imposed by the Authorisation decision also after the UK withdrawal?

After the end of the transition period, EU legislation will no longer apply to the UK, and you will no longer be subject to this obligation.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1422

Version: 1.1

My UK-based company is a downstream user of a chemical substance registered under REACH. After the UK withdrawal, will we need to continue informing our UK supplier of its uses?

After the end of the transition period, EU legislation will no longer apply to the UK, and you will no longer be subject to this obligation.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1423

Version: 1.1

My UK-based company is a downstream user of a chemical substance registered under REACH. After the UK withdrawal, will we need to continue informing our EU supplier of its uses?

After the end of the transition period, EU legislation will no longer apply to the UK, and you will no longer be subject to this obligation.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1424

Version: 1.1

My UK-based company is a downstream user of a chemical substance registered under REACH. After the UK withdrawal, will we need to continue notifying ECHA of its uses?

After the end of the transition period, EU legislation will no longer apply to the UK, and you will no longer be subject to this obligation.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1425

Version: 1.1

My EU-based company is purchasing a chemical substance from a UK-based business partner which has registered the substance under REACH. Can we still rely on the substance having been legally and validly registered within the EU in accordance with the REACH Regulation after the UK leaves the EU?

You will be able to rely on the registration of a UK-based legal entity until the end of the transition period. Thereafter, your business partner will need to appoint an Only Representative established within the EU/EEA or relocate to the EU/EEA for the substance to remain legally registered with ECHA for the EU/EEA. In the absence of such an appointment or relocation by your UK-based supplier, you will need to register the substance yourself as an importer.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1426

Version: 1.1

My EU-based company is a registrant in a joint submission for which a UK-based company is the Lead Registrant as well as owner of the data to which we have obtained a Letter of Access. What impact will the UK withdrawal from the EU have on our registration?

After the end of the transition period, the registration by the UK-based company will be considered non-existent. If the UK-based Lead Registrant still wishes to continue placing their substance on the EU/EEA market, they must take action. If they are a manufacturer of the substance, they can appoint an Only Representative located in the EU to handle their registration and the lead registrant duties. Alternatively, the UK based manufacturer can transfer their existing registration to the EU/EEA, keeping the manufacturing role, if this transfer is the result of a legal entity change, falling into one of the following scenarios: (A) the UK based manufacturer goes through an acquisition or relocation to the EU/EEA; (B) an intra-group transfer of the whole operation / manufacturing activity to the EU/EEA.

Following the legal entity change to the EU/EEA manufacture, the UK legal entity must cease manufacturing until the end of the transition period.

However, if they are an importer, the only way they can still retain the lead registrant role is by moving their import activities into the EU/EEA and changing the registrant legal entity in REACH-IT to this new legal entity.

If the UK company does not wish to remain on the EU/EEA market and thus does not take the necessary actions, the members of the joint submission must agree on a new lead. The lead role can be taken by any member of the joint submission.

Agreements among registrants should include a provision regulating the case that the appointed Lead Registrant can no longer exercise their function and foreseeing that the shared information is transferred to a new lead registration, as well as arrangements to ensure data and cost sharing can be continued in the future.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1427

Version: 1.1

My company is a downstream user located in the EU/EEA and relies on a REACH Authorisation granted to a UK supplier (or a pending application for an Authorisation). Will our use be covered after the UK withdrawal?

After the end of the transition period, the REACH Regulation will no longer apply to the UK, and the REACH Authorisations (and pending authorisation applications) will lose their legal effect as of that date.

Therefore, you will need to rely on a supplier with a valid Authorisation (or with a pending authorisation application) in the EU/EEA. If your supplier does not hold an authorisation, and you wish to continue to use the substance after the date of the UK withdrawal, you will yourself need to apply for an Authorisation. We recommend that you contact your supplier, to ask them about their intentions.

As for UK-based Authorisation holders (or authorisation applicants), there are a number of situations in which they can transfer their Authorisation (or pending authorisation application):

UK-based manufacturers and formulators can transfer their Authorisation or pending application for authorisation to an Only Representative based in the EU/EEA;

UK-based Only Representatives can transfer their Authorisation or pending application for authorisation to a new Only Representative based in EU/EEA, appointed by the non-EU manufacturer (also see Q&A 1250). Please note however that UK-based importers cannot transfer their Authorisation to an Only Representative in the EU/EEA.

Like any EU-based legal entity, UK-based legal entities can currently transfer their Authorisation or pending application for authorisation where the transfer is the result of the change of legal entity referred to in Q&A 1239 (for instance, as the result of a merger, a split or an asset sale (sale of a production site or business)) and the person to whom it is transferred qualifies as manufacturer, importer or downstream user with regard to the substance(s) and the use(s) covered by the application for authorisation or the decision. A change of legal entity cannot extend the scope of the original application for authorisation or of the Authorisation, e.g. to cover different uses. (Please see Q&As 1239 and 1241 to 1249.)

With regard to the timing of such transfers:

In case 1, the transfer can only take effect at the end of the transition period (for detailed advice, please see Q&A 1466).

In cases 2 and 3, the transfer must take place before the end of the transition period and be notified to ECHA (through the ‘Legal entity change’ functionality in REACH-IT) without undue delay. In fact, ECHA recommends to initiate the transfer at least two weeks before the end of the transition period, to allow for a timely update should ECHA identify any issue with the attached documentation. It should also be noted that after this transfer, the UK-based company cannot continue its manufacturing / importing / Only Representative activity, as long as the REACH Regulation applies to the UK. If the UK-based company only intends to implement the transfer at the end of the transition, it can include a suspensive clause in the transfer agreement with the successor company stipulating that the transfer takes effect at the end of the transition period. In this case, after the legal entity change is initiated in REACH-IT, the successor legal entity should review the transfer, but not proceed to accept it before the end of the transition period. (Please see also the instructions in the 'How to transfer your UK REACH registrations prior to the UK withdrawal from the EU' guide).

The advice provided above applies to both Authorisations and pending applications.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1428

Version: 1.5

What will happen to substance evaluations based on the Community Rolling Action Plan (CoRAP) 2012-2014 and its updates that are assigned to the UK authorities and were still be pending at the time of the UK withdrawal?

Our Agency, in collaboration with the European Commission and Member State competent authorities, have reviewed all pending substance evaluations for appointing another Member State authority to take over the respective evaluation. The UK withdrawal has also been taken into consideration in the CoRAP updates for the years 2018-2020 as well as 2019-2021, and will continue to do so for subsequent updates.

Modified Date: 17/04/2020

ID: 1429

Version: 1.1

What does my UK-based company need to keep in mind when we appoint an Only Representative (OR) in an EU Member State?

You should only appoint an OR who has a sufficient background in the practical handling of substances and of the information related to them, as required by Article 8(2) of the REACH Regulation. As your representative, the OR will bear all responsibilities of importers under the Registration Title and other titles of the REACH Regulation. Among them, the OR shall keep available and up-to-date information on the quantities imported and customers sold to, as well as information on the supply of the latest update of the SDS. Please also remember to inform the importers within the same supply chain of the OR appointment. ECHA’s webpages provide more detailed information on the role of Only Representatives.

Modified Date: 17/04/2020

ID: 1444

Version: 1.1

Can my UK-based company set up a company on paper only in an EU Member State and transfer its registrations there?

No. Every registrant company is responsible for its registrations and the substances that are covered by these registrations. Therefore, responsible staff and the relevant documentation must be available for inspection at the premises of every registrant. Only Representatives must live up to the requirements in Article 8(2) REACH. A mere address or letterbox is not sufficient and may lead to legal consequences being taken by enforcement authorities. The company that you set up must comply with all local regulations and have legal personality at its place of establishment. Your company will need to notify this change in REACH-IT immediately before the end of the transition period by transferring the registrations, as instructed in the 'How to transfer your UK REACH registrations prior to the UK withdrawal from the EU' guide.

After the successful transfer of the registrations in REACH-IT, the legal entity change successor is expected to submit a dossier update to comply with Article 22 REACH, and to ensure that the dossier reflects the new role (Only representative, Manufacturer, Importer).

Modified Date: 17/04/2020

ID: 1445

Version: 1.3

Can my company, which is a UK-based manufacturer or formulator, transfer its REACH registration to an Only Representative (OR) within the EU/EEA? How can my company do this prior to the end of the transition period to avoid our registration being voided as non-existent when the transition period ends?

Yes, such a transfer of registration will become acceptable for UK-based manufacturers and formulators when the transition period is over. According to Article 8 of the REACH Regulation, only a natural or legal person established outside the EU may by mutual agreement appoint a natural or legal person established within the EU to fulfil, as Only Representative, the obligations that the REACH Regulation imposes on importers. Your company therefore will not qualify for performing such a transfer before the end of the transition period.

Consequently, we recommend that you, prior to the end of transition period, set up a contractual agreement to appoint an Only Representative, which contains a suspensive conditional clause stipulating that the appointment takes effect at the time when transition period ends. Your company will need to notify this change in REACH-IT immediately ahead of the end of transition period by transferring the registrations to the new Only Representative, as instructed in the 'How to transfer your UK REACH registrations prior to the UK withdrawal from the EU' guide.

Please note that if you act as a formulator (i.e., you import a substance from a third country to the UK, and include the substance in a mixture that you export to the EU/EEA), you can appoint an Only Representative for the quantities of the substance that you formulate into a mixture that you export to the EU/EEA. However, note that for the quantities of the substance that you import to the UK for further export as such to the EU/EEA, you cannot appoint an Only Representative. The reason is that only non-EU manufacturers or formulators can appoint an Only Representative.

After the successful transfer of the registrations in REACH-IT, the legal entity change successor is expected to submit a dossier update to comply with Article 22 REACH to ensure that the dossier reflects the new role (Only representative).

Modified Date: 17/04/2020

ID: 1464

Version: 1.3

My EU-based company obtains its supplies of a chemical substance from a UK-based importer into the EU. When the transition period ends, our supplier will become an actor based in a “third country”. If we continue our business relations with our UK-based supplier, would our UK-based supplier be entitled to appoint our company as its Only Representative in the EU/EEA and transfer its registration to us, or would we need to register as an importer ourselves?

The latter is the case. You would need to act as an importer of the substance into the EU/EEA and submit a new registration. Article 8 of the REACH Regulation only allows manufacturers, formulators of mixtures or producers of articles established outside the EU to appoint an Only Representative. This option will thus not be available to UK-based companies that will have been importers into the EU until the end of transition period. Thus, it is not possible to transfer a registration of a UK importer to a newly appointed Only Representative. Non-EU manufacturers of the substance may of course appoint an EU-based Only Representative of the substance. However, such an Only Representative would then need to submit a new registration for the substance.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1465

Version: 1.1

Can my company, which is a UK-based manufacturer or formulator, transfer its REACH Authorisation (or its Application for Authorisation) to an Only Representative within the EU/EEA? How can my company do this prior to the end of the transition period to avoid our Authorisation (or application) being voided as non-existent when the UK withdrawal takes effect?

Such a transfer will become possible at the end of the transition period.

However, until the end of the transition period your company will not qualify for performing such a transfer. Consequently, we recommend that prior to the end of the transition period, you set up a contractual agreement to appoint an Only Representative which contains a suspensive conditional clause stipulating that the appointment takes effect at the end of the transition period. The Only Representative will need to adhere to all the conditions of use determined by the Authorisation decision, including any specific duties foreseen in the decision for your company.

Your company will need to notify this change in REACH-IT immediately ahead of the end of the transition period by transferring the applications or authorisations to the new Only Representative: You will need to initiate the transfer before the end of the transition period, similarly to the instructions in the 'How to transfer your UK REACH registrations prior to the UK withdrawal from the EU' guide. In fact, ECHA recommends to initiate the transfer as early as possible, to allow for a timely update should ECHA identify any issue with the attached documentation. See also Q&A 1242 on how to use the legal entity change functionality of REACH-IT for applications for authorisation.

ECHA will forward the notification to the European Commission.

Modified Date: 17/04/2020

ID: 1466

Version: 1.1

My company is a UK-based manufacturer of chemical substances. I would like to keep on supplying my customers in the EU/EEA following the UK withdrawal from the EU. What are my options?

After the transition period, you will be regarded as a non-EU manufacturer. Only manufacturers and importers based in the EU/EEA have registration obligations. However, if you wish to continue supplying to your EU/EEA-based customers, you may consider one of the following options:

Like any EU/EEA-based legal entity, you can transfer your existing registration to an EU/EEA legal entity, which maintains the manufacturing role if this transfer is the result of a legal entity change, i.e. it must fall into one of the following scenarios:

The UK-based manufacturer goes through an acquisition or relocation to the EU/EEA.

Intragroup transfer of the whole operations / manufacturing activity (e.g. transfer of the activity from a UK-based mother company to an EU/EEA-based daughter company).

With regard to the timing of such a transfer, it must take place ahead of the end of the transition period and be notified to ECHA (through the ‘Legal entity change’ functionality in REACH-IT) without undue delay. Under both scenarios, following the transfer, the UK legal entity is not allowed to benefit from the registration any longer (i.e., they must cease manufacturing activities). After the end of the transition period, when UK-based companies will no longer be bound by the REACH Regulation, manufacturing may restart in the UK, subject to relevant UK law.

You can appoint an Only Representative (OR) within the EU/EEA. For further details (particularly with regard to the timing), please refer to Q&A 1464.

Alternatively, your EU/EEA-based customers can continue sourcing from you by registering the substance(s) themselves, as importers.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1538

Version: 1.2

My UK-based company is an importer of chemical substances. We would like to keep supplying our customers in the EU/EEA following the UK withdrawal from the EU. What are our options?

After the transition period, you will not have registration obligations under REACH, as only EU/EEA-based manufacturers and importers are required to register their substances under REACH. However, you may consider transferring your registration to an EU/EEA-based legal entity, if this transfer is the result of a legal entity change, i.e. the importing business is transferred to a legal entity in the EU/EEA.

With regard to the timing of this transfer, it must take place ahead end of the transition period and be notified to ECHA (through the ‘Legal entity change’ functionality in REACH-IT) without undue delay. Following the transfer, the UK-based legal entity is not allowed to benefit from the registration any longer (i.e., they must cease their importing activities).At the end of the transition period, when UK companies will no longer be bound by the REACH Regulation, import may restart in the UK, subject to relevant UK law.

If you also act as a formulator (i.e., you import a substance from a third country to the UK, and include the substance in a mixture that you export to the EU/EEA), you can appoint an Only Representative (OR) for the quantities of the substance that you formulate into a mixture that you export to the EU/EEA. For further information, please refer to Q&A 1464.

Alternatively, your EU/EEA based customers can register the substance(s) individually as importers and continue sourcing from you.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1539

Version: 1.1

My EU-based company purchases a mixture from a UK-based company. Under the REACH and CLP Regulations, what impact the UK withdrawal from the EU has on these supplies?

After the transition period, your supplier will no longer be subject to REACH and CLP obligations. Therefore, you will need to ask your UK-based supplier if they will appoint an Only Representative to cover the necessary REACH registrations for the component substances of the mixture. If not, you will need to submit the relevant registrations as an importer yourself to be legally on the EU internal market.

Under CLP, you will now be the importer and thus will have the obligation to ensure that the imported mixture is correctly classified, labelled and packaged. You may also have the notification obligation to the Classification and Labelling Inventory.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1540

Version: 1.1

My company is a manufacturer of a substance, located outside the EU/EEA. We place the substance on the EU/EEA market through a UK-based importer. What do we need to do following the UK withdrawal from the EU?

If your substance has been registered by the UK-based importer, its registration will no longer be valid after the end of the transition period. This means that the imported substance will need to be registered by an EU/EEA-based legal entity:

You can appoint an Only Representative located within the EU/EEA to carry out the required registration of the imported substance.

The substance can also be registered directly by its EU/EEA-based importer(s).

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1541

Version: 1.1

My company is a manufacturer of a substance, located outside the EU / EEA. We have appointed an Only Representative, who is located in the UK. What do we need to do in following the UK withdrawal from the EU?

You can appoint a new Only Representative, located within the EU/EEA. This requires that the old and the new Only Representatives collaborate in making a ‘legal entity change’ in REACH-IT. The new appointment must take place ahead of the end of the transition period and be notified to ECHA (through the ‘Legal entity change’ functionality in REACH-IT) without undue delay.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1542

Version: 1.1

My EU-based company manufactures a registered substance, which as part of the supply chain is stored in a warehouse in the UK and then imported in the EU. How can we continue using the stocks stored in the UK after the UK withdrawal from the EU?

After the end of transition period, trading the substance back to the EU may be considered as re-import into the EU.

A re-imported registered substance does not need to be registered again, as long as the conditions for re-import set out in Article 2(7)(c) of REACH are fulfilled. These conditions are outlined in Q&A 1076, and further elaborated in the Guidance on registration.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

My UK-based company has submitted a registration dossier which failed the completeness check. Our deadline to complete the registration is after the UK withdrawal from the EU. How should we proceed with this registration?

To keep substances that are registered under REACH legally on the EU/EEA market, you can either transfer your business to, or appoint an only representative in one of the EU/EEA countries. Only complete registrations can be transferred to another legal entity, i.e., the registration first needs to be confirmed to be complete by ECHA. Therefore, you will need to submit the requested update following the instructions in the completeness check communication and pay the registration fee (if relevant) in good time before the end of the transition period. Leave a minimum of two weeks before the end of the transition period for ECHA to check the completeness of your dossier and for the transfer of the registration fee (if relevant).

If you do not wish to remain on the EU/EEA market, then following the end of the transition period, the completeness check deadline will no longer be relevant for you.

If the registration is not considered complete, you will not be able to transfer it.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1561

Version: 1.2

My company, based in the EU, has purchased and stocked a substance that has been registered by the manufacturer, importer or Only Representative, located in the UK before the withdrawal date. Can I still use or sell on that substance on or after the withdrawal date?

Yes, if the batch of a substance, registered by the manufacturer/importer/Only Representative located in the UK, is placed on the market (See Article 3(12) of the REACH Regulation) of the EU before the end of the transition period, that substance can continue to be placed on the EU market and be used as of that date.

However, any consignment of a substance imported into the EU market as of the end of the transition period has to be registered in accordance with the EU rules, i.e. it requires the registrant/Only Representative to be established in the EU.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1562

Version: 1.1

After the UK withdraws from the EU, substances duly registered by a company in EU/EEA may need to be transported through the non-EU UK to reach, for example, a downstream user in Ireland (“Irish land bridge”), or vice-versa. What do the involved companies need to bear in mind?

Substances that have been registered by a company in EU may be placed on the market throughout the EU. The fact that the substance is transported through a third country (such as Switzerland) , or after the end of the transition period the UK, is immaterial. For issues related to customs procedures please refer to these preparedness notices.

Stakeholders are reminded that specific cases of re-import exist, for example in cases where a substance is first manufactured in the EU, then exported – for example, to be formulated into a mixture – and then brought back into the EU again – for example, to be marketed or for further processing. In these cases, please refer to the guidelines on re-import set out by ECHA ("ECHA guidance on registration, section 2.2.3.6. ('re-imported substance')" ).

Modified Date: 17/04/2020

ID: 1563

Version: 1.1

At the end of the transition period, the registration dossier submitted by a UK-based Lead Registrant for a substance where my EU-based company is a member registrant will become non-existent under the EU’s REACH Regulation. What shall I do?

Your situation is not different from that of any member registrant “losing” the Lead Registrant for a registered substance. Please see Q&A 1570 for further information.

Modified Date: 17/04/2020

ID: 1571

Version: 1.1

My company is a UK-based importer, which has imported a substance under a valid registration prior to the end of the transition period. Can an importer in the EU import it into the EU after that date, and rely on the exemption in Article 2(7)(c) REACH?

No, the re-import exemption cannot be relied on in this situation, because the conditions for this exemption are not fulfilled. The exemption requires the substance to be registered under REACH, exported from the EU by an actor in the supply chain and re-imported into the EU by the same or another actor in the same supply chain, who shows that the re-imported substance is the same as the previously exported substance and that it has been provided with the information required for the safe use of that exported substance.

In the case described in the question, no one has exported the substance from the EU. Therefore, it also cannot be re-imported into the EU by the same or another actor in the same supply chain.

Moreover, there may no longer be a valid REACH registration of that substance, once your registration will have become non-existent after the expiry of the transition period.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.

Modified Date: 17/04/2020

ID: 1598

Version: 1.1

My EU/EEA company is using a mixture supplied by a UK formulator. The REACH Authorisation (or pending application for Authorisation) we rely on for the use is held by the manufacturer / importer on the top of the supply chain. Will our use be covered after the UK withdrawal?

As a general rule, it will be covered until the end of the transition period. After that, the supply of a substance from EU/EEA to the UK becomes an export and the supply of a mixture from the UK to the EU/EEA becomes an import. If the substance is exported to the UK, where it is formulated into a mixture, the importer (if it is different from the applicant/authorisation holder) of the mixture containing that substance into the EU/EEA and its downstream users will not benefit from the provision in Article 56(2) of REACH. The reason is that Article 56(2) applies to downstream users of the applicant for authorisation/authorisation holder (under the conditions set out in that provision), and the importer of the mixture is by definition not a downstream user.

Therefore, your use of the imported mixture can be covered only if the mixture is supplied to you by the applicant or authorisation holder. In other scenarios (i.e. if the importer of the mixture is not the applicant/authorisation holder) you (or the importer supplying the mixture to you) will need to apply for authorisation.

Please note that this reply does not yet take into account the impact of the Protocol on Northern Ireland which will become applicable as from the end of the transition period. The reply will be amended in due course accordingly.